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Prosecutors vowed to appeal after the two counts of conspiring to provide prescription drugs against her former boyfriend were dropped.

NEW YORK - A judge has dropped the criminal charges against the ex-boyfriend of dead model and actress Anna Nicole Smith, Reuters reported.

The Los Angeles Superior Court judge dismissed two counts of conspiring to provide prescription drugs against Howard K. Stern who was Smith's lawyer and boyfriend when she died in 2007.

The judge argued that there was "insufficient evidence" and that Smith needed the drugs against chronic pains.

A jury had convicted Stern in October of supplying Smith with drugs before she died of an accidental prescription drug overdose at age 39. Stern had filed for dismissal of the convictions.

Prosecutors could decide to retry him on the two felony accounts. Indeed, LA District Attorney Steve Cooley said "we strongly disagree" with the decision and vowed to appeal.

The judge also dismissed three of four charges against Smith's former psychiatrist, Dr. Khristine Eroshevich. He let stand one count of unlawfully obtaining a prescription by using a false name, but reduced it to a lesser misdemeanor. Eroshevich was fined $100 and placed on probation for a year.